Terms and Condition of Use
TERMS AND CONDITIONS OF SERVICE
Welcome and thank you for visiting. Please read these Terms and Conditions of Service before using morningconsult.com. These Terms and Conditions of Service govern your use of the morningconsult.com website and all mobile websites and applications associated therewith (“MC Media”). MC Media is provided to you by Morning Consult, LLC (“Morning Consult”). These Terms and Conditions of Service constitute a binding legal contract between you and Morning Consult. By using MC Media, you accept its terms.
Please review Morning Consult’s Terms and Conditions of Service regularly as they are subject to change without notice. By continuing to use MC Media after any such changes, you accept the modified Terms and Conditions of Service.
Morning Consult reserves the right to deny access to MC Media, or any service provided via MC Media, to anyone who violates these Terms and Conditions of Service or who, in Morning Consult’s judgment, interferes with the ability of others to enjoy MC Media, or infringes the rights of others.
INTELLECTUAL PROPERTY RIGHTS
Limited License. The materials available through MC Media are Morning Consult property or the property of Morning Consult affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use MC Media, and materials on MC Media, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not decompile or reverse engineer any part of MC Media. You may not otherwise download, republish, retransmit, or reproduce any of the materials (including any video or still photographs) without the prior written consent of the owner. You may not distribute copies of materials found on MC Media in any form (including by email or other electronic means) without prior written permission from the owner.
Trademarks. Morning Consult trademarks, service marks, product and service names, and other corporate indicia (“MC Name Property”) are the property of Morning Consult. You agree not to display or use in any manner any of MC Name Property without Morning Consult’s prior written permission.
Links. You may establish a hypertext link to MC Media so long as the link does not state or imply any Morning Consult sponsorship of or affiliation with your site.
Framing and Inlining. You may not, without Morning Consult’s prior written permission, frame or inline any of the content of MC Media, or incorporate into another Website or other service any material, content or intellectual property belonging to Morning Consult, affiliate companies, or any of their licensors.
Copyrighted Materials Accessible Through Morning Consult. Some copyrighted materials that are not owned by Morning Consult may be accessible through MC Media. The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing MC Media, you specifically acknowledge and agree that copyrighted text, photo, graphic, audio, or video material shall not be published, broadcasted, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium.
MORNING CONSULT SUBSCRIPTION
MODIFICATIONS TO MC MEDIA
Morning Consult reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, MC Media (or any part thereof) with or without notice. You agree that Morning Consult shall not be liable to you or to any third party for any modification, suspension, or discontinuance of MC Media.
You agree that, at Morning Consult’s sole discretion, Morning Consult may terminate your use of MC Media, for any reason, including, without limitation, for lack of use, or if Morning Consult believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Service. You agree that Morning Consult shall not be liable to you or any third-party for any termination of your use of MC Media.
MC Media may provide, or third parties may provide, links to other web sites or resources. Because Morning Consult has no control over such sites and resources, you acknowledge and agree that Morning Consult is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that Morning Consult shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods, or services available on or through any such site or resource.
GENERAL PRACTICES REGARDING CONTENT
You acknowledge that Morning Consult may establish general practices, limits and restrictions concerning use of MC Media. Morning Consult assumes no responsibility or liability for the deletion, corruption, or loss of any content, and the malfunctioning of any network, hardware, or software. Morning Consult reserves the right to change these general practices, limits and restrictions at any time, in Morning Consult sole discretion, with or without notice.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via MC Media in a manner that constitutes copyright infringement, please inform Morning Consult designated copyright agent by sending written notice by U.S. Mail to Paul Cenoz, Morning Consult, P.O. Box 27068, Washington, DC 20038 or by email [email protected] Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on MC Media; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.
No Warranties. YOUR USE OF MC MEDIA IS AT YOUR SOLE RISK. MC MEDIA AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MORNING CONSULT, MORNING CONSULT AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, OR INFORMATION AND SERVICES AVAILABLE THROUGH MC MEDIA. MORNING CONSULT DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION, OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MORNING CONSULT MAKES NO WARRANTY THAT (1) MC MEDIA WILL MEET YOUR REQUIREMENTS, (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MC MEDIA WILL BE ACCURATE OR RELIABLE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MC MEDIA WILL MEET YOUR EXPECTATIONS, OR (4) ANY ERRORS IN MC MEDIA WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MC MEDIA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.
Indemnity. You agree to indemnify and hold Morning Consult, its affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of MC Media, your violation of Morning Consult Terms and Conditions of Service, or your violation of any rights of another.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MORNING CONSULT OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MORNING CONSULT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE MC MEDIA, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH MC MEDIA. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MORNING CONSULT’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
These Terms and Conditions of Service have been made in and shall be construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws provisions. By using MC Media, you agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia in all disputes arising out of or relating to this agreement or use of MC Media. Morning Consult’s failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MC Media or these Terms and Conditions of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Effective Date: February 8, 2016